According to him, the new Narcotics Control Commission Act 2020, Act 1019, passed on March 20, 2020, and assented to by the President, Nana Akufo-Addo on May 11, 2020, “treats drug use and dependence as a public health issue rather than focusing on enforcement, incarceration, punishment and repression.”

Mr Sarpong made the comment while addressing police prosecutors and detectives at a training workshop on ensuring the effective implementation of the Narcotics Control Commission Act 2020, Act 1019 in Kumasi, organized by the Perfecter of Sentiment(POS) Foundation, a human rights civil society organization which focuses its activities in the areas of access to justice, human rights, policy reforms, youth development and social accountability.

He explained that people who use drugs rather need help “as it is a public health issue just like someone suffering from malaria or ulcer”.

Mr Sarpong stressed the importance of law enforcement agencies and prosecutors being abreast of the law and know their roles in its application.

He does not understand why the State should imprison someone for possession of some weed for personal use and also spend huge money to take care of the person in jail.

“I am not encouraging people to use drugs/weed, it can be addictive, but let us differentiate between private life and public safety,” he indicated.

Mr Sarpong mentioned that the new law allows someone to possess a certain quantity of weed for daily use.

“The Police are usually the first point of contact, their role in safety and security of citizens is very important, hence the need to ensure proper implementation of the new law within the spirit that is intended”, he stressed.

He suggested to policymakers to make the cultivation of weed legal for exports that could rake in foreign currency as many countries in the world have legalized the substance.

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Executive Director of POS, Jonathan Osei-Wusu, on his part, also noted that drug use was a public health and human rights issue and described it as a “substance use disorder”.

He said, “it has been tested and proven all over the world that substance use disorder is not an issue of criminality where people are to be sentenced but rather need help”.

He pointed out that rehabilitation had been provided under the new law for the State and government to help such people be reformed.

Jonathan Osei-Wusu further kicked against sentencing people using drugs for relaxation, when he/she has not killed anyone or caused any violence.

He indicated that if such people were sentenced for smoking the substance, “they come out hardened to be more problematic to the society”.

Ms Maria-Goretti Ane Loglo, with the International Drug Policy Consortium, said Ghana has become an example for many West African states for reviewing its drug policies and that there was the need to take further steps in the implementation of the law “so that we get it all right for others to follow”.

The parcel, which was destined for the United Kingdom (UK), was discovered by officers of the commission on Friday, February 3, 2023.

This was at a time they were carrying out their normal routine of inspecting parcels brought to the post office to be sorted out before dispatching them to their final destination.

In a statement, NACOC said an investigation is ongoing to unravel the people behind the attempted export.

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Meanwhile, the commission has cautioned those involved in the act to desist from such activities since they will be prosecuted if found culpable.

The first interception was made at the Kotoka International Airport (KIA), where a 46-year-old woman who was travelling with a whitish substance suspected to be cocaine on her was arrested.

The other was the seizure of 162 sacks of dried leaves suspected to be cannabis after NACOC officers had raided a stash house at Woe, a town near Keta in the Anlo District in the Volta Region.

Cocaine at KIA

The arrest made at the KIA last Saturday involved a woman identified as Margret Wolo Maikplay, a Liberian, who was transiting through Ghana aboard an Asky Airline and was to fly to Doha-Bangkok via Qatar Airline.

The suspect was picked up as she went through pre-transit formalities after it was detected that she had 30 thumb-size pellets of a whitish substance concealed under her breasts and in her private parts.

According to NACOC officials, the substance intercepted, weighing 0.36kg, tested positive for cocaine after an initial field test on the day of the arrest

Briefing the Daily Graphic on the arrests, the Manager of the Public Affairs and International Relations Department of NACOC, Francis Opoku Amoah, said during an initial interrogation, Ms Maikplay confessed to having inserted some substance in her genitals.

“She said she was contacted by one Oratha, a Liberian resident in Monrovia, who sponsored her travelling expenses to Thailand to deliver the drug to an unknown person in Thailand,” Mr Amoah explained.

He also explained that the exhibit would be forwarded to the Ghana Standards Authority for further analytical examination, as part of further investigations, while the suspect would be arraigned.

Illegal

Mr Amoah stressed that trafficking in illicit drugs continued to be illegal in Ghana and that NACOC remained resolute 1n its mandate and would work with other relevant state agencies to make it unprofitable to deal in drugs.

He further warned that people who were arrested for breaching the law would be prosecuted according to the law.

Woe raid, arrest warrant

He said the raid at Woe was as a result of intelligence and surveillance work conducted by the commission.

He explained that while the sacks of dried leaves, which weighed grossly 7153.51kg, were successfully seized, NACOC officials were still pursuing one Gideon Yao Kudzinawo, believed to be the owner of the consignment and that a warrant had been issued to that effect.

He encouraged the police to apprehend the said suspect and produce him before the Accra High Court.

“Since March 15, NACOC has been pursuing Kudzinawo but it has not been successful.

“A warrant has, therefore, been issued for his arrest for the possession and exportation of a narcotic substance, contrary to sections 36 and 37 of the Narcotics Control Commission Act 2020, Act 1019, and we continue to lay surveillance at the crime scene to ensure that the suspect is apprehended and brought to face the law,” Mr Amoah emphasised.

It said it had not granted licence to any entity or individual to either establish or promote any business related to a narcotic drug or narcotic plant upon the passage of the said bill.

He said until a related Legislative Instrument (LI) is approved by Parliament, no one could legitimately do business in narcotic plants or drugs in the country.

“The Narcotics Control Commission has since the passage of Act 1019 observed an increased activity relating to the promotion of some narcotic drugs and plants in the country. It is to be noted that activities aimed at promoting a narcotic drug or plant constitute an offence under sections 38 and 42 of Act 1019,” it said in a notice published in the Monday, November 1, 2021, edition of the Daily Graphic.

The Public Relations Officer of the commission, Mr Francis Opoku-Amoah, subsequently told the Daily Graphic that the commission had been inundated with enquiries about the cultivation of cannabis, especially after the passage of the bill.

“There was no blank cheque to (the public) to do whatever they wanted as far as the cultivation, among other things, of cannabis was concerned,” he said.

Already, he said, some had applied awaiting the operationalisation of the Legislative Instrument on Section 43 of the law.

The law

Section 38(2) of Act 1019 states that: “A person who without lawful authority sells, trades in, purchases, traffics or undertakes an activity for the purpose of establishing or promoting an enterprise relating to narcotic drugs commits an offence”.

Similarly, Section 42(2) of Act 1019 states that: “A person who without lawful authority undertakes an activity for the purpose of establishing or promoting an enterprise relating to narcotic plants commits an offence”.

Lawful authority

Mr Opoku-Amoah said although Section 43 was in existence, the public would need to utilise it under a lawful authority by acquiring the licence that would allow them to cultivate the hemp to 0.3 per cent tetrahydrocannabinol (THC) content and not any other hemp for recreational purpose.

“People have applied anyway awaiting the passage of the LI. So what we are saying is that you cannot carry on any (related) activity without a licence. This is because if you don’t have full authority and you undertake such activities (sales, trading, purchase, traffic) or undertake any activity for the purposes of establishing or promoting an enterprise relating to narcotic drugs, it amounts to an offence,” he emphasised.

He said once the LI, which was receiving attention in Parliament, was in place, all the applications would be processed to issue the permit and licence for the cultivation of hemp that is 0.3 THC content for industrial purposes and medicinal use.

“Anybody who then engages in the cultivation of the recreational cannabis, which normally has a higher THC content, will be dealt with,” he added.

The seizure was made near Atimpoku last Wednesday from a drug syndicate operating in the Eastern, Greater Accra, and Volta regions.

The Head of Communications at NACOC, Mr Francis Opoku Amoah, who disclosed this to the Daily Graphic in Accra yesterday, said the wrapped cannabis were packed in 124 sacks, each containing averagely 81 pieces.

In all, he said, there were 10,000 pieces of wrapped cannabis with a gross weight of 5,700kg.

Surveillance, arrest

The seizure follows several months of intelligence work and investigation into a drug syndicate operating between Juapong, Kpong and Dodowa.

Seven suspects were arrested near Atimpoku in the Eastern Region when they attempted to transport the suspected cannabis to the Greater Accra Region

The suspects are currently assisting with further investigations into the seizure.

“The commission wishes to reiterate that any person who engages in the cultivation of cannabis as well as promotes any business relating to cannabis without lawful authority, proof of which lies on that person, commits an offence,” Mr Amoah stated.

Update

In March last year, NACOC, in a joint operation with the Ghana Navy, intercepted 12,555 compressed slabs of cannabis near Keta in the Volta Region.

In August this year, NACOC, in collaboration with the Volta Regional Command of the Ghana Police Service, seized 9,752 slabs of cannabis, estimated to cost GH¢4.87 million.

The banned products were intercepted in the regional capital, Ho, after a joint operation as a result of several months of intelligence work by the commission in respect of cannabis production and distribution.

Providing an update on that case, Mr Amoah said NACOC had started the process of applying to the court to destroy the exhibits and also confiscate the vehicle involved, in line with the law.

The acting Deputy Director-General of NACOC, Michael Addo, said what the law sought to do was to offer a system of punishment that allowed a court to order a person who purchased narcotics for personal use to seek treatment and rehabilitation, without necessarily being incarcerated.

“This is a great relief because now there is an alternative to prison for such offenders.

“But let me reiterate that this provision, in no terms, implies the legalisation nor the decriminalisation of drug use in Ghana. Use of narcotics remains an offence under the Act,” he stressed.

Workshop

Mr Addo was speaking at a two-day workshop on the  Narcotics Control Commission Act, 2020 (Act 1019) in Accra yesterday.

It was organised by the POS Foundation, a civil society organisation, in partnership with the International Drug Policy Consortium (IDPC), and the West Africa Drug Policy Network (WADPN), with support from the Open Society Foundation.

The workshop was on the theme: ‘Understanding the Narcotics Control Commission Act, 2020 (Act 1019). — The role of law enforcement and prosecutors in health, rights-based best practices to handling people who use drugs in the implementation of the Act.’

Participants were drawn from NACOC, the Ghana Prisons Service, the Ministry of Health, Ghana Police Service, the Attorney-General’s Department and other narcotics prevention related agencies.

Law

Act 1019 was passed by Parliament on March 20, 2020, and officially became law after it was assented to by President Nana Addo Dankwa Akufo-Addo on May 11, 2020.

It overhauled the country’s fight against narcotics, changing the then Narcotic Control Board into a commission, with a new focus on not just investigations into narcotics related offences and arrest of such offenders, but also with a mandate to reduce the demand and use of narcotic drugs through education, treatment and rehabilitation of persons with substance use disorders.

Section 37 of Act 1019 has drastically reduced the punishment of people caught with narcotics drugs for use, from 10 years to a fine of from GH¢2,400 to GH¢6,000.

In default of paying the fine, such a person will serve not more than 15 months in prison.

Also, Section 45 of Act 1019 allows a court to order a person convicted of purchasing narcotic drugs to seek “treatment and rehabilitation at a facility approved by the commission in consultation with the minister of health.”

Mr Addo urged people not to despise people with substance abuse disorders, but to help them.

“We need to understand that drug use is a problem that could befall any individual, with ripple effect on the larger society. People who have fallen victims to drug use should not be shunned, but be shown love and affection. This will help them receive appropriate counselling and treatment interventions where they would be well informed rehabilitated, live a better life and be socially integrated to contribute their quota towards national development,” he said.

A Justice of the Court of Appeal, Justice Bright Mensah, who chaired the event, said as a champion of rule of law and human rights, the country had been able to promote these two goals with Act 1019.

“The new law, though, has the power to punish drug-related offences, it also focuses on human rights and public health approach as opposed to mere incarceration of offenders,” he said.

The Executive Director of POS Foundation, Jonathan Osei Owusu, said the passage of Act 1019 had enabled Ghana to joined the global community to tackle narcotic abuse as a public health issue and not a crime.

“Our prisons are full of people who have been jailed because of their addiction to narcotics. It is good we now see that such people need treatment and rehabilitation and not to be thrown into prison,” he said.

The Officer in charge of the United Nations Office on Drug and Crime (UNODC), Bernard Kennedy Asamoah, said Act 1019 has shown the country’s commitment to reform its drug enforcement laws and policy and was a great milestone in the fight against drugs.

The commission has, however, received applications from many groups, companies and individuals for licences to cultivate cannabis for industrial or medicinal purposes.

It explained that although Ghana signed on to the pact on May 11, last year to allow for the cultivation of cannabis with 0.3 per cent content of the principal psychoactive ingredient, Tetrahydrocannabis (THC), it was yet to operationalise the licence regime because a legislative instrument had not been passed.

Thus, the provision relating to cannabis in section 43 of Act 1019 did not in any way constitute the legalisation or decriminalisation of cannabis cultivation and/or use.

“As such, the cultivation, production, distribution, sale and consumption of cannabis remain prohibited by law,” it said in a statement signed by the Head, Communications and Media Relations, Francis Opoku Amoah.

Legalising cannabis

In 2020, some countries in Africa, through their national legislation, decided to allow the cultivation and export of cannabis for medical and scientific purposes, with some other countries authorising the use of cannabis for medical purposes.

According to the 2020 International Narcotics Control Board (INCB) Report, in August 2020, Ghana, having passed the Narcotics Control Commission Act, 2020 (Act 1019) joined these African countries, mainly Southern and East African countries, in exploring the purported prospects in cannabis.

Huge interest

Mr Amoah said the interested people who had put in their application, hoping to get approval, had argued that the emerging industry could provide employment and generate enormous revenue for the government.

He said modalities on how to engage in that business had not been concluded, emphasising that no licence had been issued to any entity, individual or group of individuals to cultivate cannabis or conduct any business related to cannabis.

“The public should, therefore, refrain from making payments to any entity, individual or group of individuals for purposes of engaging in any business related to cannabis,” the commission said.

Legislation, licensing

Mr Amoah said while it was true that Ghana had joined the league of countries that had signed up to produce cannabis, it had to get legislative backing from Parliament, and that process was yet to be initiated.

“The Narcotics Control Commission is in the process of submitting to Parliament a Legislative Instrument (LI) that will spell out in detail how one can qualify for a licence to cultivate cannabis with less than 0.3 per cent of THC and applicable fees to pay for the issuance of such licence.

“The commission is working hard to make sure that it presents a solid Legislative Instrument that will reflect how the hemp industry will be regulated in the country,” he said.

He indicated that once the legal process was completed and the LI was passed by Parliament, the commission would make public the modalities for the issuance of licences for the conduct of business relating to cannabis.

Background

Among those African countries which decided to allow for the cultivation of cannabis is South Africa, whose government submitted to the Parliament the Cannabis for Private Purposes Bill of 2020, amending its Drugs and Drug Trafficking Act (1992) to allow the cultivation and use of cannabis by adults for personal use.

Also, the 2020 INCB Report indicated that the Parliament of Malawi had approved the Cannabis Regulation Bill of 2020 in February 2020, permitting the cultivation of cannabis for medical, industrial and scientific purposes.

Uganda also reported to the INCB that it had begun permitting the cultivation of cannabis for medical purposes.

Obligation on governments

While some countries are permitting the cultivation of cannabis, according to the INCB, there was an obligation on the part of governments that permitted the cultivation of cannabis to establish control measures, in accordance with the 1961 Convention, as amended.

Such measures include the establishment of an agency responsible for designating areas and issuing licences for cultivation.

The countries that are permitting the cultivation of cannabis are performing this obligation. In Malawi, the bill also establishes a national cannabis agency to issue licences to cultivate cannabis and regulate the industry within Malawi.

The government of Uganda has also drafted guidelines to assist the Minister of Health in determining which cultivators should be granted licences to cultivate cannabis.

Ghana’s Narcotics Control Act

The Narcotics Control Commission Act, 2020 (Act 1019), which was passed by Parliament on March 20, 2020 and assented to by President Nana Addo Dankwa Akufo-Addo on May 11, 2020, has enshrined special provisions relating to cannabis.

Section 43 of Act 1019 states: “The Minister, on the recommendation of the Commission, may grant a licence for the cultivation of cannabis which has not more than 0.3% THC content on a dry weight basis for industrial purposes for obtaining fibre or seed or for medicinal purposes.”